Free Speech In Canada
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Free Speech In Canada
Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms, however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada. During the 1970 October Crisis, the War Measures Act was used to limit speech from the militant political opposition. Legislation Section 2(b) of the Canadian Charter of Rights and Freedoms establishes the right to freedom of expression, and the Supreme Court of Canada has interpreted this right in a very broad fashion, however, section 1 of the Charter establishes that "reasonable" limits can be placed on the right if those limits are prescribed by law and can be "demonstrably justified in a free and democratic society". Reasonable limits Freedom of expression in Canada is not absolute; section 1 of the Charter allows the government to pass laws t ...
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Section 2 Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger ''Constitution Act, 1982'', section 2 took legal e ...
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